City Council
MEETING DATE: 3/14/2018
TITLE:
Title
Ordinance Prohibiting the Purchase and Discharge of Illegal Fireworks and Revising Administrative Citation and Administrative Fine and Adding Illegal Fireworks Enforcement
End
FROM:
Paul S. Wilson, Fire Chief
RECOMMENDATION:
Recommendation
This item is provided for information, discussion and direction only.
Body
BACKGROUND:
The purchase and discharge of illegal fireworks is a threat to public safety and a nuisance to residents and their pets. The use of illegal fireworks is most acute on the days before and after the Fourth of July, Labor Day and New Year’s Eve holidays.
DISCUSSION:
The recommended amendment to the ordinance will impose steps to significantly reduce the use of illegal fireworks in the city. The proposed ordinance makes it easier to cite the offenders, including property owners and residents at locations of illegal fireworks being discharged. It increases the fine for the dischargers of illegal fireworks and those allowing the discharge of illegal fireworks on their property and authorizes a task force to specifically cite individuals setting off illegal fireworks in the city limits.
The ordinance maintains the legal status for fireworks identified by the State of California as “Safe and Sane Fireworks” within the city limits.
Specific components of the ordinance include:
1. Imposes a $1,000. fine for a first violation, issued on-site by deputized officials operating as a task force, and imposes an additional $1,000. fine for every subsequent violation.
2. In addition to a citation issued to the individuals discharging the illegal fireworks, it provides the ability to issue a separate citation against property owners, lessees or persons in lawful possession of the property who are permitting the discharge of illegal fireworks
3. Authorizes a city task force consisting of deputized officials and/or city employees during the evening hours of specified holidays to actively monitor the city and cite violators in the act of discharging or permitting the discharge of illegal fireworks.
4. Deputizes officials and/or city employees to issue citations that will be enforceable even if a police officer or fire department official is not available at the time the citation is issued.
5. Task force officers are to be clearly identified as working in an official city capacity.
6. Deputized task force members will be provided training, as required.
7. The task force may operate before and after specified holidays between the hours of 8:00 p.m. to 11:00 p.m. and the ordinance gives discretion to the City Manager to adjust dates and times if he/she determines doing so will increase the effectiveness of the task force.
8. The City Council authorizes a budget of $5,000. to be used to pay the wages of the task force members and to cover associated support costs.
9. Fines collected will first be used to offset the cost of the program and any additional revenues from fines, if any, are to be deposited to the City General Fund
FISCAL IMPACT:
The estimated cost to administer the additional enforcement of illegal fireworks is $5,000. and will require an amendment to the FY2018/19 budget. The expense of the task force will be offset by the fines collected, if any. Depending on the effectiveness of the task force, excess revenue from fines will be used to supplement the City General Fund revenues.
ATTACHMENTS:
Ordinance, First Reading March 28, 2018